Erb's Palsy Legal

Legally, Erb's palsy involves the filing of an insurance claim or lawsuit to obtain compensation for medical bills and therapy expenses. This kind of personal injury claim could aid parents in paying for the care of their child.

Birth defects that are not properly addressed during the childbirth process can cause abrasions and other injuries to the brachial plexus nerves. Doctors often need to use force during delivery. However should they apply too much pressure or fail to recognize the amount of pressure required it could cause an injury.

Medical Malpractice

A medical malpractice claim is the result of a healthcare professional's failure to perform their standard of care in a certain set of circumstances. This can include improper care during pregnancy, inability to identify any pregnancy-related issues (such as fetal macrosomia) or inability to perform C-sections if needed.

Erb's syndrome is a condition that affects the brachial network of nerves that control movement and sensation in the arm, shoulder and hand. It is often caused by traumatizing pull or stretch that causes tears or stretching of the nerves.

In a majority of cases, the injuries that cause Erb's palsy lawsuit syndrome are preventable. However, it is a very common birth injury that a lot of parents aren't prepared for. During the birthing process, parents are distracted by a multitude of things and it's easy to ignore warning indications that could lead to serious medical mistakes.

An experienced attorney for erb's palsy can help parents determine whether the child's illness is the result of medical negligence. If so the lawsuit could be filed to recover an amount of money to be used towards medical treatments and assistive devices. Money cannot undo the effects of birth injuries but it could provide a child with the financial resources they require to live a fulfilled life. Most erb’s palsy cases settle before trial, therefore you must act quickly.

Birth Injury

The emotional and financial burden of living with erb’s palsy is immense. A settlement for Erb's palsy can help families pay for therapies, treatments and assistive devices. The brachialplexus comprises the group of nerves that runs through your child's arm. It provides sensation and coordinated movements to their arms and hands. A forceful pull during labor or delivery or the use of instruments may damage this network of nerves and lead to the development of Erb's palsy. Medical malpractice is considered when injuries to the brachialplexus are caused due to the negligence or carelessness of a physician, nurse or hospital personnel.

Parents who win their case can receive compensation for medical bills and physical therapy, occupational therapy and surgery. To prove that a doctor was negligent, the legal team has to prove that they did not meet the standard of medical care. They must also show that the negligence was the direct and proximate cause of the birth injury.

In a majority of cases, a doctor will mistakenly over-stretch the shoulder or neck of an infant when attempting to get them through the birth canal. This can cause stretching of the nerves in the neck of the infant and trigger strokes that affect either or both sides of their head. It is also common for a physician to improperly use a vacuum extractor forceps during a difficult birth. This can force a baby into the birth canal, erb's Palsy Lawsuit which can cause nerve damage.

Statute of limitations

Parents who have a child who has erb's parisis may be entitled to compensation. There is a time limit known as the statutes limitations, that limits the length of time that a family can engage in legal action.

Generally speaking, the statute of limitations begins on an individual's 18th birthday. If you believe that negligence or medical malpractice caused your child's Erb's Palsy, it is important to consult an Erb's-Palsy lawyer immediately to determine if you have the right to sue.

Erb's Palsy is caused by damage to the brachial plexus nerve in the baby's neck and shoulder. The most common cause of this injury is when the head of a child gets stuck beneath the pelvic bone during the labor or delivery process which is known as shoulder dystocia. When medical professionals attempt to remove a stuck baby, they may forcefully pull on their necks and shoulders, damaging the nerves of the arm.

A midwife or doctor should be able anticipate complications like shoulder dystocia and know how to safely give birth without injury to it. If they violate this obligation by pulling too excessively on the neck or shoulders and neck, it could be deemed medical malpractice. Medical malpractice victims may be eligible for compensation for their child's ongoing treatment and medical expenses.

Filing an action

If a baby is diagnosed with erb's palsy due to negligent medical care during the delivery an attorney could aid the child in filing an action against the doctor and other medical caregivers accountable for his or her injury. Parents can get financial compensation for medical expenses as well as therapy, assistive devices and lost wages through lawsuits. They can also give families the feeling of justice and closure.

The legal process for filing a lawsuit begins with a complimentary consultation with a knowledgeable lawyer. If the lawyer is convinced that the case has merit, they will submit a demand to the defendants. The demand letter will outline the details of the case as well as a request for monetary compensation.

During the discovery stage, the legal team will gather evidence and talk with witnesses to construct an argument that is strong. The team will then submit a court report. The legal team of the defendants will then examine and respond to the claim.

Ideally, parties will reach an agreement that is acceptable to both sides. However there are cases that do not reach an agreement, and some end up going to trial. In a court trial the jury and judge will listen to both sides' arguments to determine the winner. If the plaintiff wins the case and is awarded a payout. If the plaintiff loses then the plaintiff will not receive any money.